Planning Commission

CITY OF CUPERTINO AGENDA PLANNING COMMISSION This is a teleconference meeting with no physical location. Tuesday, July 14, 2020 6:45 PM Teleconference Meeting TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION TO HELP STOP THE SPREAD OF COVID-19 In accordance with Governor Newsom’s Executive Order No-29-20, this will be a teleconference meeting without a physical location to help stop the spread of COVID-19. Members of the public wishing to observe the meeting may do so in one of the following ways: 1) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV. 2) The meeting will also be streamed live on and online at www.Cupertino.org/youtube and www.Cupertino.org/webcast Members of the public wishing comment on an item on the agenda may do so in the following ways: 1) E-mail comments by 5:00 p.m. on Tuesday, July 14th to the Commission at planning@cupertino.org. These e-mail comments will be received by the Commission members before the meeting and posted to the City’s website after the meeting. 2) E-mail comments during the times for public comment during the meeting to the Commission at planning@cupertino.org. The staff liaison will read the emails into the record, and display any attachments on the screen, for up to 3 minutes (subject to the Chair’s discretion to shorten time for public comments). Members of the public that wish to share a document must email planning@cupertino.org prior to speaking. 3) Teleconferencing Instructions Members of the public may observe the teleconference meeting or provide oral public comments as follows: Oral public comments will be accepted during the teleconference meeting. Comments may be made during “oral communications” for matters not on the agenda, and during the Page 1 Planning Commission Agenda July 14, 2020 public comment period for each agenda item. To address the Commission, click on the link below to register in advance and access the meeting: Online Please click the link below to join the webinar: https://cityofcupertino.zoom.us/webinar/register/WN_AZWmv4D9SauDAuaaYLHRFw Phone Dial 888 788 0099 and enter Webinar ID: 932 8989 5322 (Type *9 to raise hand to speak) Unregistered participants will be called on by the last four digits of their phone number. Or an H.323/SIP room system: H.323: 162.255.37.11 (US West) 162.255.36.11 (US East) Meeting ID: 932 8989 5322 SIP: 93289895322@zoomcrc.com After registering, you will receive a confirmation email containing information about joining the webinar. Please read the following instructions carefully: 1. You can directly download the teleconference software or connect to the meeting in your internet browser. If you are using your browser, make sure you are using a current and up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers, including Internet Explorer. 2. You will be asked to enter an email address and a name, followed by an email with instructions on how to connect to the meeting. Your email address will not be disclosed to the public. If you wish to make an oral public comment but do not wish to provide your name, you may enter “Cupertino Resident” or similar designation. 3. When the Chair calls for the item on which you wish to speak, click on “raise hand.” Speakers will be notified shortly before they are called to speak. 4. When called, please limit your remarks to the time allotted and the specific agenda topic. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to Page 2 Planning Commission Agenda July 14, 2020 attend this teleconference meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for assistance. In addition, upon request, in advance, by a person with a disability, meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. ROLL CALL APPROVAL OF MINUTES 1. Subject: Draft Minutes of June 23, 2020 Recommended Action: Approve or modify the Draft Minutes of June 23, 2020 Draft Minutes of June 23, 2020 ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Commission on any matter within the jurisdiction of the Commission and not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the Commission from making any decisions with respect to a matter not on the agenda. WRITTEN COMMUNICATIONS CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. PUBLIC HEARINGS Page 3 Planning Commission Agenda July 14, 2020 2. Subject: Consider approving a development proposal to demolish a 71,250 square foot retail center (The Oaks), remove and replace 74 protected trees, and construct a mixed-used development consisting of 267 housing units (88 Rowhouse/Townhomes, 179 senior apartments of which 131 are senior licensed assisted living units and 48 are affordable or below market rate (“BMR”) senior independent living units), 27 memory care licensed assisted living residences (“memory care residences”), and 20,000 square feet of commercial space. The applicant is requesting a Heart of the City Exception for retail frontage along Stevens Creek Boulevard. The applicant is also requesting a density bonus, including associated density bonus parking reduction and density bonus waivers for height, slope line setback, and dispersion of BMR housing units. City approvals would be certification of the Final Environmental Impact Report, Development Permit (including findings regarding density bonus and waivers), Architectural and Site Approval Permit, Tree Removal Permit, Use Permit, Heart of the City Exception, and Vesting Tentative Map; (Application No(s): DP-2018-05, ASA-2018-05, TM-2018-03, TR-2018-22, U-2019-03, EXC-2019-03, EA-2018-04; Applicant(s): KT Urban (Mark Tersini); Location: 21267 Stevens Creek Boulevard; APN #326-27-042, -043 Recommended Action: Staff recommends that the Planning Commission conduct the public hearing, consider the evidence presented, and recommend that the City Council: 1) Approve an Environmental Impact Report; and 2) Approve the applications per the (revised) Draft Resolutions; or 3) Recommend denial of the project per the Draft Resolution Tentative City Council hearing date: August 18, 2020 Page 4 Planning Commission Agenda July 14, 2020 Staff report 1 - Draft Resolution for EA-2018-04 2 – Draft Resolution for DP-2018-05 3 – Draft Resolution for ASA-2018-05 4 – Draft Resolution for U-2019-03 5 – Draft Resolution for TM-2018-03 6 – Draft Resolution for EXC-2019-03 7 – Draft Resolution for TR-2018-22 8 – Draft Resolution for Denial 9 - Project Description 10 - Below Market Rate Project Description 11 - Letter from Andy Faber to Eric S. Phillips dated November 30, 2018 12 – Letter from Andy Faber to Planning Commission dated April 22, 2020 13 - Density Bonus Waiver Request: Enhanced Senior and Family Living Project 14 – Letter from Randy Bekerman, representing Atria Senior Living dated June 24, 2020 15 –Memo from RRM Design Group, Westport Density Bonus Waiver Review – Enhanced Senior and Family Living Project, dated July 7, 2020. 16 - Westport Cupertino Retail Layout Analysis 17 - Alternate Retail Plan 18 - Memo from RRM Design Group, Westport Design Review – Tower Element, dated May 1, 2020. 19 – May 12, 2020 Planning Commission Agenda 20 – Final EIR 21 – ERC Recommendation dated April 16, 2020 22 – Public Comments 23 – Project Plans OLD BUSINESS NEW BUSINESS STAFF AND COMMISSION REPORTS ADJOURNMENT If you challenge the action of the Planning Commission in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this agenda, or in written correspondence delivered to the City of Cupertino at, or prior to, the public hearing. In the event an action taken by the Planning Commission is deemed objectionable, the matter may be officially appealed to the City Council in writing within fourteen (14) days of the date of the Commission’s decision. Said appeal is filed with the City Clerk (Ordinance 632). In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this teleconference meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for assistance. In addition, upon request, in advance, by a person with a disability, meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Page 5 Planning Commission Agenda July 14, 2020 Any writings or documents provided to a majority of the Planning Commission after publication of the packet will be made available for public inspection in the Community Development Department located at City Hall, 10300 Torre Avenue, during normal business hours and in Planning packet archives linked from the agenda/minutes page on the Cupertino web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code 2.08.100 written communications sent to the Cupertino City Council, Commissioners or City staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City’s website and kept in packet archives. You are hereby admonished not to include any personal or private information in written communications to the City that you do not wish to make public; doing so shall constitute a waiver of any privacy rights you may have on the information provided to the City. Members of the public are entitled to address the Planning Commission concerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the Planning Commission on any issue that is on this agenda, please complete a speaker request card located in front of the Commission, and deliver it to the City Staff prior to discussion of the item. When you are called, proceed to the podium and the Chair will recognize you. If you wish to address the Planning Commission on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. For questions on any items in the agenda, or for documents related to any of the items on the agenda, contact the Planning Department at (408) 777 3308 or planning@cupertino.org. Page 6